A young man has been absolved of alleged sexual abuse against his flatmate in the early hours of September 8th, 2022, at a residence in the Elche area by the section of the Alicante Court based in Elche. The Court determined that the evidence presented did not reasonably preclude the possibility of the complainant’s consent. The tribunal employed the legal principle of ‘in dubio pro reo’, which requires a resolution in favour of the accused when there are reasonable doubts about their guilt.

The individuals involved had a prior relationship with a history of “physical contact and mutual flirting,” as the facts outlined in the verdict. Both individuals acknowledged that they had engaged in intimate interactions both prior to and subsequent to the incident in question. The forensic report verified that no physical injuries or instances of violence were documented.

The accused, who was represented by attorney José Manuel Ortega, informed the judges that all interactions with the complainant, his flatmate for approximately a year, were “consensual and voluntary” for both parties. This assertion has been corroborated by the judicial resolution.

In his testimony, he described their intimate relationship as characterised by “frequent sexual encounters,” sharing space on the sofa, and even sleeping together once or twice a week. He also asserted that their initial sexual encounter took place on the sofa approximately three months after they began living together. He also stated that their interactions frequently began with teasing, without either party explicitly seeking permission or engaging in follow-up discussions.

The accused stated that he was unaware of the reasons why the young woman decided to press charges in relation to the complaint. He suggested that the reasons may have been motivated by “jealousy” or a desire to “justify to a new partner the sexual relationship they had.” The accused also disclosed that they continued to reside together subsequent to the complaint, despite his subsequent departure from the flat. He observed that the police had visited the residence on numerous occasions as a result of cohabitation issues, including commotion or other minor disputes.

The tribunal observed that the complainant did not expressly express her refusal at the time of the events, and that the accused may not have perceived a clear lack of consent during the evidence evaluation. Additionally, the court noted substantial contradictions and omissions in the version provided by the alleged victim, such as the absence of prior relationships or the previous context of intimacy.

In this regard, the ruling underscores the distinction between the presumption of innocence, which pertains to the burden of proof, and the principle of “in dubio pro reo,” which is applied to the assessment of evidence when, despite the presence of evidence, a reasonable doubt regarding the elements of the crime persists.

The tribunal has issued an acquittal and lifted all precautionary measures that were agreed upon during the process, as it was unable to establish with the necessary certainty that the accused committed a wilful act, not even with eventual intent. No party has appealed the sentence, which is final.

Yesterday, Wednesday April 16th, a gold purchasing and selling establishment in Dénia was violently robbed at gunpoint. The incident occurred in the early afternoon, as the woman who manages the establishment was preparing to open up. Two individuals wearing helmets held her at gunpoint and escorted her into the store.

The criminals subsequently departed the establishment, which is situated on Avenida del Montgó. The exact amount of the theft remains undisclosed at this time.

“We are uncompromising; we will pursue the war against anyone. I am aware that you have a wife and children,” that’s one of the mafia-tinged threats sent to the owner of a cannabis club in San Fulgencio. In October, a British-born criminal gang that has been partially dismantled by the Guardia Civil for extorting cannabis smokers’ associations in the Vega Baja to take control of these establishments through death threats and intimidation with firearms robbed the owner of a cannabis club in San Fulgencio.

The gang, which functions similarly to a cartel, ultimately gained control of at least two cannabis smoking associations in the Vega Baja region. The investigation commenced with a burglary that occurred at a club in San Fulgencio last October. The owner was extorted and threatened with death in order for the group to retain half of the profits. Initially, he refrained from filing a complaint due to fear, as they threatened to “blow his head off” if he went to the police.

The Guardia Civil has apprehended two members of this gang since the robbery and is currently in the process of locating at least four additional individuals who were involved in the incident. Three Guardia Civil officers were injured by the suspect, who confined himself in the residence of a foreign couple and offered significant resistance, during the most recent arrest in Orihuela Costa at the beginning of April.

Two submachine guns, which are classified as weapons of war, and over 300 cartridges of varying calibres were present at the residence of the detainee, who was imprisoned and assisted by counsel Francisco Miguel Galiana Botella. The Guardia Civil’s investigation has verified that the 32-year-old man from Liverpool, who was previously known as Sonny James R., changed his name to Peter F. last year. The investigation also revealed that he has a lengthy criminal history in the U.K.

According to the Guardia Civil investigation, 85 amphetamine pills were confiscated from him at a club in Orihuela Costa, which the gang had also taken control of through threats. The court is now charging him with robbery with violence, threats, extortion, illegal possession of weapons, and drug trafficking. Additionally, he was charged with assault and assault and battery of three of the five officers who were required to subdue him, as a result of the kicks and strikes he employed to evade arrest. The Guardia Civil also incorporated the offences of unlawful detention and membership in a criminal organisation into its complaint.

The Organised Crime and Anti-Drug Team (EDOA) of the Organic Judicial Police Unit of the Guardia Civil of Alicante is conducting the investigation in collaboration with the Territorial Judicial Police Team of Guardamar.

In these Vega Baja neighbourhoods, the extortion schemes of this gang have caused widespread social alarm. Witnesses have declined to testify before investigators due to their dread of the members of this criminal group, whom they regard as highly dangerous.

The robbery at a cannabis club in the La Marina neighbourhood of San Fulgencio was carried out on the afternoon of October 23rd, but the Guardia Civil was unaware of the incident until early November, when the wife of the establishment’s owner requested assistance through the Alertcops app. This was due to the fact that the victims did not file a crime report. Her wife reported that Sonny R., a British individual, had abducted her husband and the father of her children. She also stated that two weeks prior, he had requested €25,000 in payment. Additionally, she reported that two armed individuals had entered the garden of her residence in Pilar de la Horadada.

The victims reported the robbery following this contact, and the Guardia Civil established surveillance around the cannabis association, which is led by the complainant’s partner. A British male who had exited the club was apprehended and subsequently identified as one of the six perpetrators of the robbery.

The cannabis, €600 of the takings, and other personal belongings were confiscated after one of the club’s employees was threatened with a pistol during the robbery. The gang informed the owner, who was absent and was contacted by phone, that he was required to pay them €25,000, that they would retain half of the club’s proceeds, and that they would assume control from that day forward. In reality, they seized the keys to the establishment and commenced robbing the club the following day.

In addition to the information provided about Sonny, the complainant also disclosed to the Guardia Civil that he had a meeting with another member of the criminal organisation following the robbery. The individual attempted to coerce him into signing a document that acknowledged that half of the business belonged to the gang that had robbed him, using threats. The six individuals who participated in the robbery accompanied him, but they did not assault him despite his refusal.

After the robbery, the British man who was apprehended in early April had departed Spain for several months. He is associated with two gunshots in the Liverpool area, one of which occurred at his mother’s residence, in the United Kingdom. Upon recognising the Guardia Civil’s presence in Orihuela Costa, he sought refuge in the residence of a married couple. Subsequently, he attempted to escape through the back entrance, but investigators apprehended him.